N-400 Denied

[Koki Ali 0]

99 entered with fake passport in Florida
Stayed till 2003 then left to Canada using my real name
Stayed Canada till 2007. Came back in 2007 with real name got admitted at Seattle held in detention bonded out applied I-589 failed to mention the fake document entry lawyer prepared didn't even ask.
Got married in 2008 petition approved didn't mention again previous Florida entry lawyer filled the application didn't ask me about that entry. 2012 got Green Card.
2017 applied for N-400 told all the truth starting from the illegal fake document entry till now because this time I filled the N-400 form.
Got denied that I did not file for I-601 when it was available to me around Green Card application time. Unlawful presence more than a year and misrepresentation are the allegations.
Most lawyers told me to burry this matter keep living as a resident. Lay low all my life, and don't travel might be a flag on my GC/ file.
I have citizen wife two citizen kids financial debt of $300k been paying taxes since.
I feel like I'm contained like a virus.
Any advise from the experience person in such matter will be appreciated.
Thanks

[geowrian 22,335]

Sounds like it's time to lawyer up in case they decide to revoke the benefits (i.e. green card) obtained via the misrepresentation and it goes to immigration court. While it was a long time ago, it sounds like your past violation is catching up with you.

[NYCruiser 423]

2 minutes ago, geowrian said:

Sounds like it's time to lawyer up in case they decide to revoke the benefits (i.e. green card) obtained via the misrepresentation and it goes to immigration court. While it was a long time ago, it sounds like your past violation is catching up with you.

Agreed. There is no statute of limitations on Immigration Law

[Koki Ali 0]

18 minutes ago, geowrian said:

Sounds like it's time to lawyer up in case they decide to revoke the benefits (i.e. green card) obtained via the misrepresentation and it goes to immigration court. While it was a long time ago, it sounds like your past violation is catching up with you.

I spoke to two top Immigration lawyers known for their work from long time. After they read the decision, they advised me not to pursue with that matter for now because on the decision they only denying to grant me for citizenship. And one of the lawyer even said guaranteed I’ll be able to renew my GC with no issues. By the way the IO at my 485 had all the dispositions of those allegations because I actually got arrested in 2010 for using that passport by mutual agent working with DMV/ DHS/ Citizenship. 

I got GC by marrying to US citizen.

Edited September 26, 2017 by Koki Ali

[geowrian 22,335]

1 minute ago, Koki Ali said:

I spoke to two top Immigration lawyers known for their work from long time. After they read the decision, they advised me not to pursue with that matter for now because on the decision they only denying to grant me for citizenship. And one of the lawyer even said guaranteed I’ll be able to renew my GC with no issues. By the way the IO at my 485 had all the dispositions of those allegations because I actually got arrested for using that passport by mutual agent working with DMV/ DHS/ Citizenship. 

I got GC by marrying to US citizen.

Right, that's all they did right now. They could choose to pursue more after an investigation. Only time will tell if they decide to do so or not.

 

If there was a material misrepresentation involved in your green card application then the benefit can be revoked. It sounds like they believe you willfully made a material misrepresentation and the green card should not have been approved because you were not eligible for it. While your lawyer may not have asked about it, the I-485 asks about counterfeit documentation, ever concealing or misrepresenting information to immigration, and unlawful presence prior to exiting the US.

 

Anyway, yes...the advice not to pursue anything is the best option now. USCIS may decide to pursue revocation or not.

[jan22 2,897]

Was it a fake US passport or a foreign passport?

[Koki Ali 0]

9 minutes ago, jan22 said:

Was it a fake US passport or a foreign passport?

No it was an European one.

[jayjayj 571]

1 hour ago, Koki Ali said:

I spoke to two top Immigration lawyers known for their work from long time. After they read the decision, they advised me not to pursue with that matter for now because on the decision they only denying to grant me for citizenship. And one of the lawyer even said guaranteed I’ll be able to renew my GC with no issues. By the way the IO at my 485 had all the dispositions of those allegations because I actually got arrested in 2010 for using that passport by mutual agent working with DMV/ DHS/ Citizenship. 

I got GC by marrying to US citizen.

Attorneys cannot guarantee that you will have your GC renewed, because it should never have been issued in the first place.  You committed a crime by entering the U.S. illegally with a fake passport.  You committed fraud and material misrepresentation when you filed your immigration documents. 

[Koki Ali 0]

56 minutes ago, jayjayj said:

Attorneys cannot guarantee that you will have your GC renewed, because it should never have been issued in the first place.  You committed a crime by entering the U.S. illegally with a fake passport.  You committed fraud and material misrepresentation when you filed your immigration documents. 

Ok so let d talk about how can I feel x this now? What anyone else would do?

[jayjayj 571]

20 minutes ago, Koki Ali said:

Ok so let d talk about how can I feel x this now? What anyone else would do?

What is your country of origin?

[Koki Ali 0]

14 minutes ago, jayjayj said:

What is your country of origin?

Bangladesh 

[Koki Ali 0]

38 minutes ago, Koki Ali said:

Ok so let’s  talk about how can I fix this now? What anyone else would do?

 

[Starkilla09 366]

Truth be told there’s nothing else here anyone can advise you other than to lawyer up and be prepared for possible removal proceedings against you. Material misrepresentation is serious stuff especially if the misrepresentation could’ve affected the eligibility of the immigration benefit the applicant was seeking in the first place no matter how long it was. In your case you had a 10 year bar once you left the U.S. and needed an unlawful presence waiver before being eligible for your green card. In effect your green card wasn’t supposed to be issued therefore rendering it invalid triggering removal proceedings. This scenario happens in many ways and USCIS always catches up but during naturalization. There was this lady who married before divorce was finalized, had a green card and the wheels came off when she applied for citizenship. That’s was when USCIS realized the mistake and her green card had to be revoked since the 2nd marriage was invalid as the first one wasn’t legally over. Though rare USCIS is even known to go far after people who acquired citizenship through misrepresentation and have their citizenship revoked. 

Edited September 26, 2017 by Starkilla09

[jayjayj 571]

The problem is, you can't fix it.  There is literally no way for you to legalize if the government is aware of your previous criminal activity.  You materially misrepresented information to obtain your original GC - that will result in a lifetime ban and waivers for lifetime bans are rarely granted.

 

You have two choices - 

 

1.  Turn yourself in and/or self-deport to your country of origin.  

2.  Hide in the shadows and live with the constant threat of arrest and deportation.  

 

I know this sounds harsh and I feel bad for your kids, but your actions put you in this situation.  

[Koki Ali 0]

3 hours ago, geowrian said:

Right, that's all they did right now. They could choose to pursue more after an investigation. Only time will tell if they decide to do so or not.

 

If there was a material misrepresentation involved in your green card application then the benefit can be revoked. It sounds like they believe you willfully made a material misrepresentation and the green card should not have been approved because you were not eligible for it. While your lawyer may not have asked about it, the I-485 asks about counterfeit documentation, ever concealing or misrepresenting information to immigration, and unlawful presence prior to exiting the US.

 

Anyway, yes...the advice not to pursue anything is the best option now. USCIS may decide to pursue revocation or not.

Sir my Petition was truthful. My I-485 Application back in 2009/2010 i

looked at it had no question where it ask if I’ve ever used a different name or anything plus at my I-485 I informed the IO regarding my fake European passport.

them again on the N-400 I told them the truth because it was I who filled this application.

the link to that I-485 Form is here